This should be one of the major reasons that NY state should enforce the laws upon the tribes. This should also be a major reason that trust land needs not to be granted. Do you see all the drastic problems that Mexico is having? Do you want that type of violence and lawless actions to occur in this area everyday?

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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

The thefts are the result of a new brand of tobacco smuggling that has flooded the Canadian market with contraband cigarettes and cigarillos made by clandestine manufacturers in Canada and the United States. Over the last six years, as Ottawa and provincial governments began hiking tobacco taxes to curb smoking and raise funds, the smuggling business has grown “exponentially,” according to the country’s national police force, the Royal Canadian Mounted Police (RCMP). At a time when a crumbling economy has forced governments into deficit financing, Canadian smugglers — dominated by members of Indian tribes and in some cases their mob partners — are pocketing hundreds of millions in profits. The cheap cigarettes not only fuel the spread of smoking, which costs Canadians more than C$4 billion annually in health care, but also rob governments of money that otherwise would go into official coffers to pay for healthcare and other services. The federal, Quebec and Ontario governments alone claim the proliferation of untaxed cigarettes is costing them at least C$1.6 billion a year.

So vast are the profits, and so poorly are the laws enforced, that the contraband tobacco industry has attracted an unholy alliance of Canadian Indians — who say they have the right to sell untaxed cigarettes — and members of various organized crime gangs, according to law enforcement officials and the smugglers themselves. At the center of the trade are about 20 Indian-owned manufacturers that produce millions of untaxed and unregulated cigarettes a day out of small and medium-sized factories at Indian reserves in Ontario, Quebec, and across the border in New York State. An investigation by the International Consortium of Investigative Journalists has found that outlaw bikers, Italian, Irish, Russian, and Asian mobs are also now involved in the manufacturing, distribution, and retailing of the illicit tobacco products. According to Indian smugglers and police, in some cases the capital to buy the equipment and set up operations was fronted by organized crime.

Typical scenario - tribe make rules up as it goes along or does not make them readily known. Those that play are often in debt to start with. Knowledge of how or where to appeal is not advertized. If you could appeal, it would likely be in a tribal court.

In tribal court the tribe makes rules up as it goes along or does not make them readily known. Judges are usually appointed by the tribal government against whom the grievance is usually filed.

A local woman's $12,000 bingo win turned ugly after she was informed of a rule that meant she couldn't claim the prize. Instead of leaving with the $12,000, 61-year-old Betty Gratton of Cornwall left the Mohawk Bingo Palace in Akwesasne, N. Y. owing police nearly $500 for disorderly conduct and obstruction tickets. She lost her temper, she said, when bingo officials gave her the bad news.

"When I came out of the bathroom, I heard my name being paged," Gratton said. "But because I was away from the machine, they said I couldn't win."

The navy veteran says she's still furious about the May 29 incident and wants the bingo palace to be clearer with its rules. Her friend had been watching her bingo screen for her and called out "BINGO!" when Gratton won, but it wasn't good enough. It also wasn't good enough a week earlier when another woman lost out on more than $1,000 in similar circumstances, say local bingo enthusiasts.

The St. Regis Mohawk Tribal Gaming Commission, which regulates the Mohawk Bingo Palace under the National Indian Gaming Commission, says it is investigating the overturned wins. The commission has not received any formal complaints, but has been made aware of the incidents.

"It is an open investigation for the commission," said Todd Papineau, executive director of the St. Regis Mohawk Tribal Gaming Commission. "Complaints would warrant further investigation."

Gratton said she was unclear about where to file a complaint. Papineau added that part of the investigation would be to determine whether there is proper signage to indicate that bingo players need to call their own "BINGO!" , and whether the policy itself is fair.

Had she been playing in Cornwall, as she often does, the manager of Cornwall Bingo Centre says Gratton would be $12,000 richer. "In my hall, you could have been outside smoking a cigarette," said Kim Ladouceur. "If it's a good bingo we have to pay. Over there, it's different rules."

Ladouceur, who has seen a spike in business since the border closure in Akwesasne, says she has to post her rules clearly in the program and on the front wall of her Cornwall bingo hall. Witnesses to Gratton's botched win say she was given a few minutes to claim her prize. The bingo players use portable play machines about the size of a hardcover dictionary. It's unclear how far, or for how long, players can stray from an ongoing game.

The pot was eventually split four ways in another bingo game, said Penny Abrams, a player who eventually won part of the $12,000.

"I've never seen their rules say you have to be at your seat. I've read them," Abrams said.

Abrams noted that full-card bingo games can sometimes get a bit tedious and it's helpful to have someone play for you. "She paid for the machine and she has a receipt," Abrams added. "It's not money that could change your life, but it's money that could help."

Abrams noted that if she was "cheated" out of money, she would have been as upset as Gratton.

According to the New York State Racing and Wagering Board, class II Indian bingo is regulated by the Tribe in conjunction with the National Indian Gaming Commission, "although tribes, under certain circumstances, may self-regulate these activities."

Gratton, who admits she bit a police officer in the scuffle that ensued, says she needed the $12,000 to pay off some of her debts.

Just a smidgen of what to look forward to by not opposing the trust applications. Tribes sue municipalities quite often merely because the municipalities do not agree.

Then there was the recent lawsuit by a tribal employee against the VVS High School for making it's views known against the Oneida trust settlement proposal. The court barred the high school from doing so in the future. Technically, I guess the school should not have sent out mailers as opposed to merely passing a resolution. They did much more than merely notify the media. They educated the public at large without media censorship.

The Oneida tribe strives toward censorship. They are not concerned about the potential lake pollution that the town is trying to prevent as they are about harrassing anyone who has opposed their dictatorship.

The Oneida Indian Nation is threatening suit in connection with the $14 million Bridgeport Sewer District Project. According to Supervisor John M. Becker (R,C,I - Sullivan), the town received notice late last month from Nation attorneys that if the Sullivan Town Council did not rescind its negative declaration on the State Environmental Quality Review filed with the state Department of Environmental Conservation by May 27, an action would be commenced.

That action would challenge the town's SEQR compliance, "...a lawsuit that must be filed immediately given the approaching end of the applicable statute of limitations period,” wrote Michael G. Rossetti of Akin, Gump, Strauss, Hauer & Feld, L.L.P., in a letter obtained by the Madison County Courier earlier this week.

In his letter, dated May 22, 2009, Rossetti asserts that the town's negative declaration was made without performing any archaeological cultural resource surveys.

"The Town similarly did not consult with or otherwise seek the input of the Nation," Rossetti wrote. "In these circumstances, the Town could not have adequately analyzed the potential for 'the impairment of the character or quality of important _ archeological _ resources.' As such, the Town's determination in its Negative Declaration that the proposed action 'will not have a significant environmental impact' is not correct, and certainly is not supported by the required study and analysis, and the Town must rescind the Negative Declaration. Moreover, since the Town was obviously not aware of the potential presence of cultural resources, the information that we are now providing constitutes 'new' information. Under [the SEQR Act] 'a lead agency must rescind a negative declaration when substantive _ new information is discovered.'"

Becker said the Town Council decided at an emergency meeting May 27 that the town stands by its negative declaration.

"All of the land involved has been previously disturbed,” Becker said, explaining that a road and water mains have been built through the project's target area. “They can go ahead and sue us. We are not going to rescind the SEQR. They had 30 days to reply."

Becker said this action could mean the loss of as much as $7 million in aid for the project, which he said he will now seek from other sources.

During the course of meetings held over the past several years regarding the project, engineers for Barton & Loguidice, PC, have stated that the project is being designed to have as little impact on the affected area as possible. Directional drilling will be used wherever possible to avoid excavating.

In a May 11, 2009, letter obtained by the Madison County Courier, the state Office of Parks, Recreation and Historic Preservation (SHPO) issued a "No-Effect" letter to B&L engineer Alexander S. Bauer. In the letter, Historic Preservation Specialist Daniel A. Bagrow of the Archaeology Unit of SHPO began by saying his "_comments are those of the SHPO and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project." Other impacts, Bagrow wrote, fell under the jurisdiction of other agencies.

"Based upon this review, it is SHPO's opinion that your project will have No Effect upon cultural resources in or eligible for inclusion in the National Registers of Historic Places. This determination of No Effect is for the entirety of the proposed undertaking."

Fifteen days later, Nancy Herter, Ph.D., of SHPO sent a notice to David A. Miller of Rural Development, Becker, B&L, Jessie Bergevin of the Onondaga Nation [sic], Jeffrey Lanigan of the Environmental Facilities Corp. and Ian Shavitz of Akin-Gump that the agency was withdrawing its No-Effect letters of March 30 and May 11.

In her letter, Herter wrote the agency had received additional information "_regarding the Native American archaeological sensitivity of the Bridgeport Sewer District project_" from the Oneida Indian Nation May 20, 2009. She wrote that, according to the Nation, "_the location, topography and physical characteristics of the project area suggest that Nation members could have settled there, and accordingly that cultural resources could be present. Moreover, the New York State Museum Bulletin identifies the presence of cultural resources in the vicinity of the project area. Indeed it is possible that human remains and funerary objects could be present as well; but this cannot be known without proper investigation."

"Based on the above information, the SHPO believes that it would be appropriate for our agency to reinitiate the Section 106 consultation process for this undertaking," Herter wrote. "This will allow the SHPO to fully consider the archaeological knowledge and concerns of the Nation when providing your agency with recommendations regarding the effects this undertaking may have on cultural/archaeological resources within the area of potential affect."

In a letter to Rossetti dated May 29, 2009, and copied to Becker and B&L, Town Attorney Donald P. Colella wrote that he believed Rossetti mischaracterized the Negative Declaration.

"It states: 'A letter has been sent to the NYS Office of Parks, Recreation and Historic Preservation (NYSOPRHR) to ascertain if there are any potential areas of archeological concern with the project area,'" Colella wrote. "'The Town of Sullivan will perform the required archeological cultural resources surveys as recommended. The negative declaration not withstanding, the Town of Sullivan will modify the project plans, if necessary, to ensure that the project will have no significant impact on cultural resources identified within the project area, as the NYS OPRHP may require.'"

According to Colella's letter, it was necessary for the Town to address SEQRA as it did for a number of reasons.

"Because this is a sewer project and the sewer mains will be located in the road right-of-way, which contains previously constructed highway improvements, utilities and in some instances water lines, it is reasonable to anticipate that due to a 'prior disturbance' cultural artifacts will not be uncovered."

Colella said project design is such that the project will have no negative impact on cultural resources identified.

Colella said the town is prepared to perform any required archaeological cultural surveys as recommended when called for.

"Despite an ongoing line of communication with NYS OPRHP, a survey has not been recommended to date, and more importantly, no sensitive areas or areas of concern have been identified," Colella wrote.

He said a number of archeological studies have been undertaken north and south of Route 31 and the Town is familiar with those results.

"No previously identified area containing cultural resources is within the project area," Colella wrote. "Therefore, there is ample evidence to substantiate that the Town, as SEQRA lead agency, did take into account in its determination the potential presence of cultural resources."

Colella wrote that Rossetti's letter did not contain new information to substantiate rescinding the Town's Negative Declaration.

"Your letter is devoid of any information regarding important archeological resources," Colella wrote. "A self-serving declaration of maybe, possibly, could _ 'encounter, impact or destroy resources of cultural and/or religious significance to the nation' does not constitute new information, or fill this void."

"Your threat to a lawsuit is unwarranted and unprofessional in the circumstances outlined herein, as are your client's alleged fears of impact on cultural resources," Colella wrote. "All information supplied to the Town in this regard will be carefully reviewed to ensure, as stated in the Negative Declaration '_ Town of Sullivan will modify the project plans, if necessary, to ensure that the project will have no significant impact on cultural resources identified within the project area, as the NYS OPRHP may require.' You and your client are or should be aware, due to the supposed emphasis placed by the nation upon environmental matters, and being so in tune with nature and the environment, that this project will provide badly needed sanitary sewers to the only densely populated area of Oneida Lake that is currently without them, and therefore, is a project of immeasurable importance to assuring the quality of this most important natural resource - Oneida Lake. We would sincerely hope that the nation would not jeopardize critical funding that would make this a reality - an unfortunate and direct result of your feigned concern for nonexistent cultural resources, but an all to apparent obstructionist tactic."

"Please advise me as to whether or not the Oneida Nation wishes to submit information regarding important archeological resources beyond that of which the Town is aware, or do you simply intend to litigate an issue which requires none."

Becker said the Town will move forward with the project in spite of the hurdle.

"I am really disappointed to think that a people as environmentally conscious as the Oneidas would throw up political road blocks to a project that would help protect Oneida Lake," Becker said, adding that it is the town's policy not to comment on pending litigation, but they are awaiting further word in the matter.

Gladys Kramer couldn't believe the price of a carton of cigarettes advertised by an Indian reservation in New York.

"I'd have to have my head examined not to buy from them," said Kramer, 82, of Butler Township.

A smoker since her teenage years, she jumped at the chance to buy cigarettes for $14.95 a carton, ordering 133 cartons between May 2006 and December 2008. A carton in Pennsylvania today sells for about $53.

Kramer was shocked last month to receive a notice from the Butler County Prothonotary's Office saying the state entered a lien against her home of 20 years, to recover $4,583 in unpaid state cigarette taxes, fees and interest.

"This is getting me crazy," said Kramer, who acknowledged her Brooklyn, N.Y., upbringing is fueling her desire to fight the action. She is looking for a lawyer to take her case.

"I'd fight for a nickel. I don't give up easily," she said.

The state began notifying thousands of Pennsylvanians in 2007 that they owe $1.35 in state taxes on each pack of cigarettes they bought from Indian reservations or online through other outlets. After initially trying to coax smokers into compliance, the state ramped up the effort last year and began filing liens against their properties.

"We understand that a lot of folks are just unaware ... but it's our duty to collect money owed the commonwealth. We can't turn away," said Elizabeth Brassell, spokeswomen for the Pennsylvania Department of Revenue.

Since April 2007, the Revenue Department has sent letters to more than 2,300 Allegheny County buyers of out-of-state cigarettes and 735 in Westmoreland County. Kramer is among 460 people living in Butler County who got letters.

The letters explain the cigarette tax law and buyers' liabilities, and offer penalty abatement to those who promptly resolve their liabilities.

Pennsylvania filed 1,100 liens against smokers such as Kramer who bought more than $7.2 million worth of cigarettes since January 2008, Brassell said. The state has recovered $22.5 million since 2007.

Pennsylvania ranks 21st among states with its $1.35 per pack tax. Rhode Island leads the nation, charging $3.46 per pack in taxes, according to the Campaign for Tobacco-free Kids. As part of his 2009-10 budget plan, Gov. Ed Rendell proposed raising the tax on cigarettes by 10 cents per pack and levying taxes on cigars and smokeless tobacco. Together, that would generate an estimated $99 million, Rendell spokesman Chuck Ardo said.

Kramer said she gave up her habit last week because she no longer could afford it. She said she didn't know she owed the state tax because she paid the federal levy.

Pennsylvania's tax "is a tax on a tax," she said. Yet New York, where she grew up, places a $2.75 tax on each pack of cigarettes.

The two outlets where Kramer bought her cigarettes offered differing views on the Pennsylvania tax.

SmartSmoker said on its Web site that as part of the Seneca Nation of Indians and the Iroquois Confederacy, it is not required to collect state sales tax but is required under federal law to report all sales and shipments of cigarettes to each state's tax administrator.

Big Joe's Smokeshop said the law, the Jenkins Act of 1949, does not apply to Seneca Indian retailers because it violates 100-year-old treaties between the United States and the Seneca People.

Cigarettes sold legally in Pennsylvania are marked with a Pennsylvania Cigarette Tax stamp. Possession of more than one carton of unmarked cigarettes can result in a $300 fine and imprisonment. Willful evasion of the state's cigarette tax can lead to five years in prison and $15,000 in fines.

Possession of more than one carton of unmarked cigarettes can result in a $300 fine and imprisonment. Willful evasion of the state's cigarette tax can lead to five years in prison and $15,000 in fines.

Did you read that BJR?Jail time.........

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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

If only the state government enforced the laws 20+ years and collected the taxes we would not be having to deal with trust issue. The tribe says that trust will not cause any problems but refuse to see that over a BILLION dollars per year not paid to NY is costing everyone.

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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."